Attorney General v Sanchez

• Jurisdiction: Montserrat
• Court: High Court (Montserrat)
• Judge: Berridge, J.
• Judgment Date: 10 March 1969
• Neutral Citation: MS 1969 HC 1
• Docket Number: 14 of 1967
• Date: 10 March 1969

Attorney General

and

Sanchez

Berridge, J.

14 of 1967

West Indies Associated States Supreme Court. High Court

Admiralty Law - Salvage — Claim for salvage

Held: The service rendered by the plaintiff was not a salvage service since the vessel constituted a hazard to navigation. The defendant deposited the $1,000 with the Receiver of Wrecks for the purpose of having it removed and the authorities were entitled to do so within the time which they acted. Judgment given for the plaintiff in the sum of $4,399.49. Counterclaim dismissed.

Facts: The plaintiff's claim was for $14,399.49 being the balance of an amount of $5,500.36 due for salvaging the vessel which ran aground at Plymouth. The ship was destroyed when being removed on the orders of the Harbour Authority. The issues were whether the amount was paid by way of deposit towards removal expenses of the vessel and whether the service was a salvage service within the meaning of the Merchant Shipping Act, 1894 (UK).

JUDGMENT:

1 The plaintiff's claim is for $4,399.49 being balance amount of $5,500.36 due for salvaging the M.V. “Swanson” which ran aground at Plymouth roadstead on the 8 ^th day of February, 1966”.

2 The brief facts on this case are that the vessel sprung leak on the night of the 23 ^rd November, 1965 and sank early the next day at about 50 feet from the head of the pier in Plymouth.

3 The owner of the vessel arrived the same evening and arranged with Mr. Perkins the then Receiver of Wrecks to salvage the vessel.

4 This officer together with Mir. Jacobs his successor as Receiver of Wrecks testified to the fact that the sunken vessel constituted a hazard to navigation.

5 The owner subsequently returned with a barge and spent 5 days emptying the molasses tanks on board and in lightening the vessel. It turned out that the crane could not lift the engine out of the vessel and the owner left and sent back 5 floating bags, which he says were capable of lifting 16 tons each but by the time he got here he was informed that the ship was already dynamited.

6 The owner claims that a sum of $1,000.00 paid by him represented a deposit made to enable him to export the said molasses tanks but Mr. Perkins, to whom this amount was paid in cash and which amount the owner states that he obtained no receipt, it being after hours and he being anxious to effect export of the said tanks, states that the amount was paid by way of deposit towards removal expenses of the “Swanson”.

7 The owner left the island and in spite of repeated telegraphic communications one of which fixed...